Mayor facing upset council

Sunday

Nov 24, 2013 at 12:01 AM

STOCKTON - Members of the City Council seek to punish Mayor Anthony Silva in public for prematurely releasing the name of a city manager candidate, which they say derailed the hiring process and brought ridicule on Stockton.

Scott Smith

STOCKTON - Members of the City Council seek to punish Mayor Anthony Silva in public for prematurely releasing the name of a city manager candidate, which they say derailed the hiring process and brought ridicule on Stockton.

The council also directed City Attorney John Luebberke to send an account of Silva's alleged Brown Act violation to the county's civil grand jury, which Luebberke said he had done already. The state law defines when city and county governments can hold open and closed meetings.

The council will vote on the two-pronged punishment against Silva on Dec. 3.

Mayors in Stockton's history have been recalled from office. But if this is carried out against Silva, it marks the first punitive action of its kind in recent memory taken against a Stockton elected leader.

Silva said Friday night that he will cooperate fully with the grand jury, and he welcomes the opportunity to interact with the panel. But the council's actions are unnecessary, he said.

"I think Stockton has more important issues to discuss, like continuing the war on crime and providing jobs," Silva said by phone, adding that a lot of residents are struggling to make their rent or house payments.

"I doubt that the ongoing saga at City Hall makes their lives any better," he said.

The unusual measure stems from Silva's behavior Nov. 5, when the mayor gave a news release to the media that named Coachella City Manager David Garcia as a candidate for the same post in Stockton. Confidential contract negotiations had not concluded.

The leak of closed-session talks created confusion, and Garcia backed out, Luebberke's report says. Silva is now locked in a standoff with City Hall over how to proceed with the city manager search.

Earlier this week, Silva publicly threatened to take legal action against Luebberke if he tried to keep him from exercising his right as mayor to lead the city manager search.

The proposed admonition caps a raucous first year in office for Silva, who has been accused of sexual misconduct, led a public feud with former City Manager Bob Deis and most recently drawn fire for pushing an anti-drug program created by the Church of Scientology.

A 21/2-page resolution Luebberke drafted, which is up for the council's consideration, says the council did not authorize Silva to release Garcia's name, which constituted a violation.

"Mayor Anthony Silva created unnecessary confusion, and brought unwarranted ridicule and embarrassment to the City of Stockton and the City Council itself," the resolution says.

The action exposes Stockton to litigation, because Garcia's privacy was compromised by the leak. It may also "erode the public's trust and confidence" in Stockton's leadership, the resolution says.

The document says that the council considered an array of more serious legal options, but council members decided on punishment by a resolution, which carries no financial consequences for Silva.

As evidence, the resolution is backed by 13 pages of news reports about the leak of Garcia's name and the subsequent fallout.

Councilman Elbert Holman, a lifelong Stockton resident and retired lawman, said he could not recall any of the city's past councils taking such action.

Like Silva, Holman said the city has more pressing problems that deserve the council's full attention, such as its recovery from bankruptcy. But the council had to act against Silva, he said.

"It's unfortunately where we are right now," Holman said. "It's hard to deal with this, but he have to deal with it. It's clearly a violation."